HomeMy WebLinkAboutResolution - 031253D - Agreement - J. Frank Gray Et Al - Disposal Of Effluent - 03_12_1953 e
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RESOLUTION
WHEREAS, the City of Lubbock has heretofore entered into a written
contract with J. Fraar- Gray and wife, Lily W. Gray, and Mrs. Jimmie Standefer,
designated "owners" in said agreement which provided for the disposal for
certain effluent and which said agreement further provi,ded' that said "owners"
should have the privilege of making arrangements with other property owners for
disposing of the effluent on other lands, with ,the .consent of the governing body
Con m` a i l of the City of Lubbock duly expressed by a resolution subject to the terms and
ed' - 8-5 conditions to be stated in such resolution; and,
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Gram WHEREAS, said "owners" desire to furnish effluent to lands owned by
or in possession of W. B. Price and wife, Viola J. Price; NOW, THEREFORE,
Co-�y to
�itY3 ' ngr BE IT RESOLVED BY THE CITY CONMSSION OF THE CITY OF LUBBOCK:
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C it yi SECTION 1. That J. Frank Gray, et al, designated as "owners" in said
`it eY contract dated November 23, 1948 and the extension thereof dated February 28,
1953, are hereby authorized to make arrangements with W. B. Price and wife,
Viola`,Jp Prioe,for the disposal of effluent under the following conditions:
(a) That such effluent shall never be handled, stored, transported
or disposed of by the said W. B. Price and wife, Viola J. Price, in a manner which
will or may be calculated .to Create a nuisance to adjoining or nearby residents
or property owners.
(b) That any arrangements made shall be subject to the conditions
and terms of the said agreement entered into between the City and J. Frank Gray,
et al, and all costs pertaining thereto shall be paid by J. Frank Gray, et a1,
and/or W. B. Price and wife, Viola,J ' Price.
(c) That any arrangements made between the said W. B. Price and
wife, Viola J. Price, and J. Frank Gray, et al, shall never be construed as
i ; binding the City of Lubbock to deliver any ,quantity of effluent upon the lands
of or under control of the said W. B. Price and wife, Viola .I. 'Price, their heirs
or assigns.
(d) That the said W. B. Price and wife, Viola J. Price, and all
persons having an interast in the lands to which the effluent is to be delivered
agree to indemnify and hold harmless the City of Lubbock and J. Frank Gray, et al,
against any and all costs, claims and damages of every nature, which may grow out
of the transportation to, or storage, handling and use of such effluent upon said
lands.
On motion of Commissioner Carp, dr , seconded by Commissioner
Thomas , the foregoing Resolution was unanimously passed by vote of
the City Commission this 1 day of ]L,reh , 1953.
ATTEST: 10139ML R °TRIP
Lav 'a Lowe,"C t4Se etary-Treasurer
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P APPROVED:
I
o.44.City Attorney
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APPROVED:
000
City Engineer
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